Section 21 of The Tea Act, 1953
- (1)The owner of a tea estate or a sub-division of a tea estate to which an export quota has been allotted for any financial year shall have the right to obtain at any time export licences during that year to cover the export of tea up to the amount of the unexhausted balance of the quota, that is, up to the amount of the quota less the amount for which the export licences have already been issued against it.
- (2)The right of the owner of a tea estate or a sub-division of a tea estate under this section may be transferred subject to such conditions as may be prescribed, and the transferee of any such right may again transfer the whole or any part of his right to the owner of a tea estate, or a sub-division of a tea estate but not to any other person: Provided that nothing in this sub-section shall operate to restrict the issue of licences for the export of tea expressed to be sold with export rights.
- (3)The owner of any tea estate or any sub-division of a tea estate to which an export quota has been allotted or any person to whom he has transferred his rights may at any time before the 21st day of March of the financial year to which the quota relates apply in writing to the Board for an export licence to cover the export of tea up to the amount of the amount of the unexhausted balance of the quota.
- (4)Every licence shall be in duplicate in the prescribed form, shall bear the date of its issue and shall be valid up to the end of the financial year in which it is issued: Provided that, save as provided in section 22, the Board shall not issue any export licence after the end of the financial year in which the application for licence was made.
Summary
- An owner of a tea estate or sub-division with an allotted export quota has the right to obtain export licences during that financial year.
- These licences cover the export of tea up to the unexhausted balance of their quota, which is the total quota less licences already issued against it.
- The export licence rights can be transferred under prescribed conditions, and any transferee can transfer them again only to another tea estate owner or sub-division owner.
- Quota owners or transferees must apply in writing to the Board for an export licence before March 21st of the relevant financial year.
- Every licence is issued in duplicate, in the prescribed form, dated, and valid until the end of the financial year in which it is issued.
- Except as provided under Section 22 for special export licences, the Board cannot issue any export licence after the end of the financial year in which the application was made.
Practical examples
FAQ
1. What is the deadline to apply for an export licence in a financial year?
The application must be made in writing to the Tea Board before the 21st day of March of that financial year.
2. Can an owner transfer their export quota rights to someone else?
Yes, the right to obtain export licences can be transferred under prescribed conditions. However, the transferee can only transfer it again to the owner of a tea estate or a sub-division of a tea estate, and to no other person.
3. How long is an export licence valid?
It is valid until the end of the financial year in which it is issued.
4. Can the Tea Board issue an export licence after the end of the financial year?
No. Except as provided under Section 22 for special export licences, the Board is prohibited from issuing any export licence after the end of the financial year in which the application was made.
Test yourself
Q1.Under Section 21 of The Tea Act, 1953, what is the latest date by which a tea estate owner or their transferee must apply in writing to the Board for an export licence?
Q2.Under Section 21 of The Tea Act, 1953, if a transferee receives the right to obtain export licences from a tea estate owner, to whom can they transfer that right again?
Q3.Under Section 21 of The Tea Act, 1953, what is the default validity period for an export licence issued by the Tea Board?
Q4.Under Section 21 of The Tea Act, 1953, which section of the Act provides the sole exception to the rule that the Board cannot issue an export licence after the end of the financial year in which the application was made?